20061820 Ver 1_More Info Letter_20070129

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p ..~ Alan W. Klimek, P.E. Director
Division of Water Quality
January 29, 2006
DWQ Project # 061820
Onslow County
CERTIFIED MAIL: 7005 0390 0001 3200 4475
RETURN RECEIPT REQUESTED
Mr. Steve Miller
City of Jacksonville
Post Office Box 128
Jacksonville, NC 28541
Subject Property: City of Jacksonville, North Carolina
Land Treatment System (LTS) Upgrade and Expansion
REQUEST FOR MORE INFORMATION
Dear Mr. Miller:
On December 6, 2006, the Division of Water Quality (DWQ) received your application dated October 20,
2006 to impact 31.10 acres of wetlands to construct the proposed City of Jacksonville Land Treatment
System Upgrade and Expansion. The DWQ has determined that your application was incomplete and/or
provided inaccurate information as discussed below. The DWQ will require additional information in
order to process your application to impact protected wetlands and/or streams on the subject property.
Therefore, unless we receive the additional information requested below, we will have to move toward
denial of your application as required by 15A NCAC 2H .0506 and will place this project on hold as
incomplete until we receive this additional information. Please provide the following information so that
we may continue to review your project.
Additional Information Requested:
1. When an environmental assessment is required for a proposed project, DWQ must receive a copy of
a "Finding of no Significant Impact" for the project before a 401 Water Quality Certification can be
issued. Please provide a copy of this document if and when it is issued. Please also note that the
project will remain on hold until the document is received.
2. Please provide a table that includes site area, impact area, and permanent or converted for
clarification.
When impacts to wetlands are greater than 3 acres, DWQ must consider all other practical
alternatives to the proposed project. Please provide a copy of the Alternatives Analysis section of
the EA for the 401 file. This section should include more descriptive information on the alternative
sites considered and eliminated (see 8-29, table 8-2 of the EA). In addition, please provide a copy
of relevant information from the 201 Facilities Plan concerning the decision to construct an LTS
versus other available alternatives.
4. Provide a copy of the State Historic Preservation Office's most recent correspondence.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-87723-6748 One
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us NorthCarolina
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City of Jacksonville
Page 2 of 2
January 29, 2007
5. A copy of the draft conservation easement map and declaration written in accordance with the
USACE guidance must also be submitted to DWQ. A letter from the third party that agrees to hold
the easement must also be included.
6. If Hoffman Forest Mitigation Bank has the available credits for wetland restoration, a letter of
acceptance from Hoffman Forest must be received by DWQ before a 401 can be issued. Please note
that if this form of mitigation is accepted, payment to the bank must be made before any impacts to
wetlands or waters occur.
7. If the USACE is released to sign jurisdictional determination maps in the near future, please provide
a copy of the signed map for the subject property.
8. Some questions were raised during a meeting that was held with your agents, DWQ and the USACE
on January 11, 2007. The following statements are answers to the questions:
a) DWQ will accept mitigation credits at a 1:1 ratio from Hoffman Forest provided that additional
mitigation is provided through preservation;
b) DWQ will not require mitigation through restoration at a 1:1 ratio for the 5.54 acres of
converted wetlands;
c) DWQ will require a biological monitoring plan for the relocated stream channel. Details
concerning what this plan must entail can be worked out at a later date.
Please respond within three weeks of the date of this letter by sending this information to me in writing
and 5 copies to Cyndi Karoly of the DWQ 401 Oversight and Express Unit. If we do not hear from you
within three weeks, we will assume that you no longer want to pursue this project and we will consider
the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call me at 910-797-7215 or Cyndi Karoly at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Noelle Lutheran
Environmental Specialist III
CBK/nml
cc: Bob Belcher, Malcolm Pirnie, 701 Town Center Drive, Suite 600, Newport News, VA 23606-4296
Ian McMillan, DWQ 401 Oversight and Express Unit, Raleigh
Brad Shaver, USACE Wilmington Regulatory Field Office
Noelle Lutheran, DWQ Wilmington Regional Office (File Copy)
Stephen Rynas, DCM Morehead City
Central Files
Filename: 061820(IP).j an07